2009-01-07_REVISION - C1981022 ‎(4)‎

• Permit No: C1981022
• IBM Index Class Name: REVISION
• Doc Date: 1/7/2009
• Doc Name: Proposed Decision Letter & Form
• From: DRMS
• To: Oxbow Mining, LLC
• Type & Sequence: TR60
• Email Name: MLT
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 7, 2009
James A. Kiger
Oxbow Mining, LLC
P.O. Box 535
3737 Highway 133
Somerset, CO 81434
Re: Elk Creek and Sanborn Creek Mine (Permit No. C-1981-022)
Proposed Decision - Technical Revision No. 60 (TR-60)
Bear Creek Fansite Facility
Dear Mr. Kiger:
COLORADO
D I V I S ION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Enclosed you will find the Division of Reclamation, Mining and Safety's Proposed Decision for Technical
Revision No. 60 at the Elk Creek and Sanborn Creek Mine. Notice of the proposed decision will be
published in the Delta County Independent as soon as possible. The first publication will initiate the ten
(10) day public comment period for the Division's decision.
Oxbow Mining, LLC (OMLLC) is proposing to construct a temporary fill for the Bear Creek Fansite
Facility. Fill material will be placed within the existing channel of Bear Creek. The creek will be
diverted through the fill via a culvert pipe 6 feet in diameter and -450 feet in length. Drawing No.
2.05-E1-BCA1 depicts existing conditions, and the proposed Facilities Layout with Drainage and
Sediment Control is illustrated on Drawing No. 2.05-E1-BCA2.
Following mining operations, the culvert pipe will be removed and the Bear Creek channel will be
reconstructed in compliance with Rule 4.05.4. The Division has reviewed OMLLC's channel
reconstruction plans. These are detailed on the Facility Post Mine Topography Map (Map No. 2.05-
M6 - Sheet 7), and in Sections 7 and 10 of Exhibit 2.05-E3.
These proposed activities require specific authorization by the Division in accordance with Rule
4.05.4, Stream Channel Diversions (Relocation of Streams) and Stream Channel Reconstruction, and
Rule 4.05.18, Stream Buffer Zones. Therefore, the Division makes the following findings:
1. The stream channel will be reconstructed in accordance with the requirements of Rule 4.05.4.
2. During and after mining, the water quantity and quality from the stream section within 100 feet
of the surface coal mining operations shall not be adversely affected.
3. The reclamation plan provides for the reestablishment of appropriate Mountain Shrubland
vegetation.
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